Divorce in Vermont FAQs
If you are considering filing for divorce in Vermont, you may not know where or how to begin, and you probably have several legal questions you want to figure out before you begin the process. This is not unusual. To help you navigate the divorce process, here are frequently asked questions about divorce in Vermont, answered by local Rutland family lawyer, Kevin Volz.
What are grounds for divorce in Vermont?
Vermont is a no-fault divorce state. This means you can obtain a divorce for any reason. Whether there’s been adultery, neglect, cruelty, or things just aren’t working out, the only thing you have to prove to the court is that you and your spouse have been living “separate and apart” for at least 6 months. “Separate and apart” is a term that means the basic foundation of the marriage has been abandoned – it doesn’t require that you have to physically move out of the home you share with your spouse.
What happens if only one spouse wants to get divorced in Vermont?
As long as one spouse files for divorce, the divorce will happen, regardless of whether the other party wants to get divorced or not.
Can I get a divorce in Vermont if I just got married?
At least one partner must have lived in Vermont for at least 1 year at the time of your final divorce hearing. While the divorce cannot be finalized until the 1 year mark, you can still file the initial paperwork after 6 months of living “separate and apart.”
What is the process of filing for divorce in Vermont?
Divorce proceedings in Vermont begin with a summons, and then a complaint. Both of these have to be served on the other party and filed with the Vermont family court, along with a fee.
The summons essentially tells the other party: “You’re being sued for divorce and you must provide an answer to the allegations in the complaint within a certain period of time.”
The complaint states, among other things, background information such as the parties’ names, where they live, how long they’ve lived in Vermont, whether they have any (minor) children together. It also lists a basic outline of the couple’s debts and assets. Finally, the complaint requests that the person “be relieved of the bonds of matrimony” from the Vermont family court.
Once the summons and complaint have been served and filed, the family court issues an Interim Domestic Order. This is a boilerplate instruction by order of the court that essentially tells the parties, “no funny business.” In other words, no whisking the kids out-of-state, depriving the other party of visitation, no emptying bank accounts, selling off assets, incurring large debts, no canceling insurance, etc. The purpose of the Interim Domestic Order is to make sure both parties adhere to the status quo throughout the divorce proceedings.
What happens after I file for divorce in Vermont?
The next court event will be a case manager conference. A case manager will run the conference with the married couple as they establish what can be agreed to, and what issues they will be asking the judge to step in and decide. Common items to go over during this initial conference include:
Possession of the marital residence
Temporary custody
Child contact
Temporary alimony
The parties will continue through the discovery phase of litigation where they gather information information about each other’s income, assets, and liabilities. This helps determine how to fairly divide the marital estate and decide how much (if any) alimony should be given. After the discovery phase, the parties can negotiate a settlement or prepare for a trial to let the court decide.
What will my ex-spouse be entitled to following a divorce in Vermont?
This varies on a case by case basis. Under Vermont law, all property and debts, no matter who acquired them or when, are considered to be part of the marital estate and will be divided as the parties or the court sees fit. The court’s task is to determine how to put the parties on an equal footing as they head out of the gate on separate paths. Since the person staying home with the kids often suffers an “opportunity cost” of not gaining skills and assets in the workplace, the courts may give the homemaker some financial support such as alimony and/or a larger share of the assets. You can read our article on Splitting Assets in a Divorce for more information.
What factors does the Vermont family court consider in awarding child custody?
In Vermont, child custody is also referred to as parental rights and responsibilities, or PRR. There are two subcomponents to parental rights and responsibilities: Legal, having to do with decision authority on education, religion, legal, and medical, among other things, and; Physical, having to do with whom the child primarily resides. When awarding parental rights and responsibilities, the Vermont family court is ordered to consider the “best interests of the child” above all else.
Among other factors, the court will often look at:
Who was the primary care provider for the child?
Who is most capable of fostering a loving relationship between the child and the other parent?
The child’s roots in each parent’s respective community.
For more in depth information on how parental rights and responsibilities are determined, please refer to our articles on How Parental Rights and Responsibilities are Determined in VT and How to Prepare for Your Child Custody Case.
How will a parent-child visitation schedule be determined after a divorce Vermont?
Once a decision has been made regarding parental rights and responsibilities, the court or parties must then decide the parent-child contact or visitation schedule. There is no standard parent visitation schedule since every case is unique, it’s important to know that visitation rights are every bit as enforceable as a person’s custody award, and just because a party has custody does not give them the right to tell the other what the schedule is going to be. Our Vermont Parent-Child Visitation Schedule article has more information about typical schedules, rules, and advice.
Do I need a lawyer for divorce in Vermont?
In family law I have too often met with people who did not retain an experienced family lawyer or divorce attorney and had their clock cleaned, so to speak, either financially or otherwise. Many times these people were afraid of the cost an attorney might incur. But when it comes to property and debt allocation and spousal support considerations, the amount of money at stake is often much more than you would pay for a good Vermont family lawyer. An effective Vermont family law attorney will often save you multiples of whatever it is you end up paying them.
Furthermore, when it comes to parent-child visitation rights and child custody, it's important to understand that the facts may not favor you receiving custody. As experienced Vermont family lawyers, we know how to recover the facts in custody battles in order for our client to receive the maximum visitation. Without the backing of an experienced family lawyer, it can be easy to negatively impact your case in receiving maximum visitation or child support.